Yolo DA will not seek death penalty in Winters murder case

A Winters man charged with the brutal daytime shooting death of his former girlfriend is scheduled to stand trial next month.

William Gardner, 30, is charged with the Nov. 18 murder of Leslie Pinkston, 32. Pinkston was sitting in her car waiting to go to work on Railroad Avenue in downtown Winters when she was shot.

Yolo County District Attorney Jeff Reisig and Deputy District Attorney Deanna Hays, who have partnered to prosecute the case, will not be pursuing the death penalty, although special circumstances qualify Gardner for capital punishment in this case. Instead, Gardner will face life in prison without the possibility of parole if he is convicted of all charges. A gag order was also issued.

At a early disposition conference Thursday, Yolo County Superior Court Judge Stephen Mock spoke with counsel in chambers while Gardner sat alone in the jury box, waiting to hear if his trial would be continued.

J. Toney, defense counsel for Gardner, submitted a motion for a continuance of the Aug. 18 trial date to sometime in October, which the prosecution opposed. Toney said he needed more time to gather information before the trial, which warranted "good cause" for the continuance.

Mock denied the motion, noting that based on the information he already had there was no reason to prolong the trial. He did, however, schedule another hearing at 8:30 a.m. on Aug. 1 in Department 3, to allow Toney time to submit a supplemental motion to continue the case.

As well, prosecutors submitted a motion to consolidate the murder case with a previous felony stalking case, where Pinkston was also the victim. Mock said since both cases involved Gardner's ex-girlfriend, there was good reason to consolidate both cases into a single trial.

From a procedural point of view, the stalking charges could be used as "evidence of prior instances of domestic violence," he added.

Toney disagreed, stating that the merging of the two cases would create undue prejudice against his client.

"I conclude that concern does not prohibit consolidation of the charges," Mock responded.

Mock also returned several Facebook documents to the prosecution so they could be submitted to Gardner's defense team for purposes of discovery. It is unknown what is on the documents, but presumably they contain information about the pair's relationship.

Gardner is alleged to have shot Pinkston at least four times, and at least once in the head while she sat in her car in downtown Winters. Gardner is also charged with enhancements of lying in wait and the intentional and personal discharge of a firearm causing death. He has pleaded not guilty to all the charges.

According to court documents, the killing occurred when Gardner was "released from custody on bail or own recognizance for a pending felony offense" and were added enhancements to his charges of murder, as well as possessing a firearm by a person previously convicted of a felony and stalking.

Between Nov. 15 and 18, the court states that Gardner committed felony stalking after being convicted for the same offense.

According to court documents, Gardner is accused of stalking Pinkston after being convicted on domestic violence charges in March 2013 while in Sacramento County.

Gardner is being held without bail at the Yolo County Jail, where he was booked in late December. He was taken into custody Dec. 10 in Las Vegas where he fled following the crime.